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Landlord addresses on Section 21 documents

Started by Jackson, February 04, 2018, 03:12:11 PM

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Jackson

Hi, I live outside the UK,  MY NON-UK address is specified on the front page on the tenancy agreement under my name and my UK (England) office address is specified in the agreement for serving notices on the landlord. I have put my UK address on the Form 6A section 21 notice and my Non-UK address (to match the tenancy agreement) underneath.  My question is: Should I include my Non-UK address on the N5b form or ONLY put my UK address on it?  There is a space for two addresses on the front page of the N5B form but they both have what looks like a UK postcode box at the bottom.  I don't know if I should put both addresses or just my UK one - thanks

theangrylandlord

#1
Sorry this one is not going to have a clear answer as there is no strict guidance
The purpose of the address on the form is for communication from the court to you regarding the notice itself not the address on the agreement.

However having said that I can easily see a judge querying it.
Because there is a recent case in which the judge stated the requirement under s47 Landlord and Tenant Act 1987was not to give the tenant information as to where the notices can be served, but to confirm the identity of the landlord.. the landlords residential address.

47 Landlord’s name and address to be contained in demands for rent etc.
(1)Where any written demand is given to a tenant of premises to which this Part applies, the demand must contain the following information, namely—
(a)the name and address of the landlord, and
(b)if that address is not in England and Wales, an address in England and Wales at which notices (including notices in proceedings) may be served on the landlord by the tenant.

Any written demand for rent or service charges by the landlord  must include the landlord's name and residential address and if that address is not in England and Wales, an address within England and Wales is required, so notices can be served.

[Whoever put your tenancy agreement together knew what they were doing].

Whilst you are not making a demand per se, it could be argued (doubt it though) unless you provided your actual address, pursuant to Section 47 of the Act, any proceedings should fail.

There is nothing in the guidance notes but the form itself states:
To be signed and dated by the landlord or their agent (someone acting for them).
I can only infer therefore that this takes its lead from s48 of the Act and not s47 as the agent address is sufficient, and so the residential address is not critical.

So I would go for the UK address.

One other option is to try and call the court - but I doubt they will tell you what to do but worth a try.

Best of luck

Jackson

#2
Thanks - The tenancy agreement has my (Non UK) address on the front page (as my identity) . . . . inside the tenancy agreement there is the estate agent's address for serving notices to me (their address is in all their AST's for this reason) . . . . on the Section 21 Notice (Form 6a) I put  my own office address in the UK (for me to receive notices) and underneath (for identity) my own non-UK residential address . . . . . . and on the N5b form I just put my UK office address. I'm not demanding any rent, it's Section 21 -  Do you think that's all OK?  Thanks!

theangrylandlord

In response to each point:

"the tenancy agreement has my (Non UK) address on the front page (as my identity)" . . . . perfect

"inside the tenancy agreement there is the estate agent's address for serving notices to me (their address is in all their AST's for this reason)" . . . .also perfect

"on the Section 21 Notice (Form 6a) I put  my own office address in the UK (for me to receive notices) and underneath (for identity) my own non-UK residential address" . . . . . . probably OK (you've gone belt and braces approach) you really only needed to have put the UK address for the notices but it should be OK (of course its up to the judge not me)

"and on the N5b form I just put my UK office address"... Perfect
"I'm not demanding any rent, it's Section 21 -  Do you think that's all OK?"  ....I do

Let us know how you get on

Jackson